Apprehended Violence Orders (also known as AVO’s) are court orders for future protection from violence or threats to your safety from another person.
Violence should not be tolerated. There are two types of AVO’s in NSW:
ADVO’s are for domestic or intimate relationships and APVO’s are for people not in domestic or intimate relationships such as neighbours or someone known to you who you consider is threatening, stalking or intimidating you.
Applying for an AVO
There are two ways to apply for an AVO, either apply yourself or the police can make an application on your behalf. If you decide to apply yourself, Attwood Marshall Lawyers can assist you with the application as well as informing you of the process with the court and make sure the AVO suits your circumstances.
Defending an AVO
Attwood Marshall Lawyers can also assist in defending AVO’s. Whether brought against you by an individual or by the police. Do not hesitate to contact us as a matter of urgency once you have been served with an application since the first mention date usually comes on fairly quickly once the application has been issued.
Ultimately you have two choices – consent to the order or not. If you consent to the order, it will start immediately. Please note that even if you do not agree with the applicant’s version of events, you can consent to the order without admission. You should contact Attwood Marshall to discuss the consequences of this order being made especially if you do not agree with the allegations. If you breach such an order you may be charged with a criminal offence.
Whether you consent or want to defend the application there is a first return date mention to find out whether the order sought is by consent or to be defended. If to be defended the court will set a timetable for each party to file written statements to be relied on at the hearing. The statements must be detailed since there is little scope to expand upon them at the hearing. Prior to the hearing there is a further mention date to see if there has been compliance with the timetable. If so a hearing date is given.
It is important to get legal advice and legal representation in the court so that you have the best chance of defending yourself.
